Page 22 - DTPA Journal December 21

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and hence, no capital gain would arise thereon; further, SECTION 9 OF THE INCOME TAX ACT, 1961 -
when consideration is indeterminate, computation INCOME - DEEMED TO ACCRUE OR ARISE IN
provisions of section 56(2)(viia) to determine INDIA
inadequacy or otherwise of 'such consideration' also fail
and provisions of section 56(2)(viia) could not be made Bengal Tiger Line (P.) Ltd. v. Deputy
applicable to capital contribution of a partner made in Commissioner of Income Tax (International
firm . Taxation) 1(1), Chennai - [2020] 121 taxmann.com
165 (Chennai - Trib.)
UDDHAV KRISHNA BANKAR VS INCOME TAX In terms of Article 8 of India Singapore DTAA, global
OFFICER : (2020) 60 CCH 0224 PuneTrib income of a tax resident of Singapore from shipping
The requirement of depositing before the date of operations, even though which is earned outside
furnishing of return of Income under Section 139 of the Singapore is taxable only in Singapore on accrual basis
Act has not to be restricted only to the date specified in and consequently article 24 of India Singapore DTAA
Section 139(1) of the Act but would include all sub cannot be invoked to deny benefit of exemption merely
section of Section 139 including sub section (4) of the for simple reason that said income was not taxed in
Act. Singapore by virtue of separate exemptions provided
under Singapore Income-tax Act.
SECTION 132 OF THE INCOME-TAX ACT, 1961 -
SEARCH AND SEIZURE Intel Technology India (P.) Ltd. v. Commissioner of
Income Tax, International Taxation, Bangalore -
Best Oasis Ltd. v. Deputy Director of Income-tax [2020] 121 taxmann.com 130 (SC)
ADIT (Investigation) - [2020] 121 taxmann.com 32 Royalties/Fees For technical services - General :
(Gujarat) Where High Court had not answered question of
Attachment v/s 132(9B) : Where revenue had payment of royalty on merits, matter should be
provisionally attached fixed deposit receipts of two restored to High Court
bank accounts of assessee, assessee's prayer to operate Symantec Asia Pacific Pte. Ltd. v. Deputy
said bank accounts was to be allowed . Commissioner of Income Tax (international
Taxation), Circle 3(1)(2), New Delhi - [2020] 121
SECTION 249 OF THE INCOME-TAX ACT, 1961 - taxmann.com 102 (Delhi - Trib.)
COMMISSIONER (APPEALS) - FORM OF Royalties/fees for technical services - Computer
APPEAL AND LIMITATION software : Amended definition of 'Royalty' under
domestic law even if amended with retrospective
Reena Agarwal v. Union of India - [2020] 121 effect cannot be extended to definition of 'Royalty'
taxmann.com 26 (Gauhati) under DTAA since said term has not been amended in
Condonation of delay : Where Commissioner DTAA .
(Appeals)'s order did not record materials on basis of
which satisfaction was arrived at that grounds urged by H a r i h a r a n S u b r a m a n i a m v. A s s i s t a n t
assessee in support of its prayer for condonation of Commissioner of Income Tax, Circle 6(1), New
delay were not sufficient grounds to condone delay, Delhi - [2020] 121 taxmann.com 189 (Delhi - Trib.)
matter was remanded back to Commissioner (Appeals) Independent personal services - Legal services : Where
to decide afresh issue of condonation of delay . assessee, a legal practitioner in field of intellectual
property rights, availed services of foreign legal

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